Definition of Graft Is Key in Menendez Case

 

Supreme Court Justice Potter Stewart famously defined obscenity as follows; “I know it when I see it”. It is time for the Supreme Court to apply that same commonsensical approach to the definition of official corruption. Instead of excusing politicians who accept lavish gifts in exchange for favors, like arranging meetings, making appointments, and attempting to influence government decision making, as merely engaging in routine “constituent services“, the Court should take its cue from Justice Stewart. Justice Stewart used his eyes; the current Court should use its nose. When it comes to defining official corruption, the justices should “know it when they smell it”.